Other conditions Board decisions

The veteran seeks service connection for post-operative squamous cell carcinoma of the right oropharynx, which he claims is due to herbicide exposure during his Vietnam service. The Board has determined that a VA examination and medical nexus opinion are necessary to decide this claim.

The Board has remanded the case for additional development, including obtaining service medical records and a VA examination to determine the nature and etiology of any amnesic disorder and skin rash. The veteran's claims will be reconsidered based on the new evidence.

The Board dismissed the appeal due to the appellant's death.

The Board has determined that the termination of DIC benefits was proper due to the claimant's remarriage and failure to submit a timely application for reinstatement.

The veteran and the appellant were not married for a period of one year or more prior to the veteran's death, nor did they have any children together. The Board found that the appellant is not entitled to recognition as the veteran's surviving spouse for VA purposes due to Florida state law prohibiting common law marriages.

The veteran's service did not meet the eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code.

The veteran's enrollment in the Spring 2005 coursework was not approved for payment because he had already completed his approved program of education and did not enroll in a new program until August 21, 2005.

The veteran's daughter died prior to the effective date of a law that would have granted compensation for birth defects, so the claim is denied.

The Board has determined that a VA examination is needed to clarify the likelihood of a current left foot disability being related to service. The veteran's claim for service connection remains pending.

The Board found no evidence linking the causes of the veteran's death to his military service and denied the claim for service connection.

The Board has remanded the case for further action due to incorrect notification of decisions and correspondence.

The Board denied the veteran's claims for increased ratings for his service-connected postoperative residuals of a left inguinal hernia, erectile dysfunction, nasal fracture and deviated nasal septum status post septoplasty, temporomandibular joint syndrome, sinusitis, bronchitis, and an upper respiratory infection. The reasons were that the veteran's conditions did not meet the criteria for higher ratings under applicable rating criteria.

The Board found that the appellant's deceased husband did not have valid military service, and therefore is not eligible for VA death benefits.

The Board has remanded the case for further development due to conflicting medical opinions and lack of evidence regarding service connection for eye disability and residuals of malnutrition.

The veteran's claim for basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code is denied as he does not meet the service requirements.

The veteran did not meet the eligibility criteria for VA burial benefits as he was not receiving VA pension or compensation at the time of his death.

The veteran's claim for an increased disability rating for his low back condition is being remanded due to the need for a personal hearing.

The veteran's application for enrollment in the VA medical healthcare system was denied due to his lack of service-connected disabilities and other eligibility criteria. The case is being remanded for further review, including a determination on whether he qualifies as 'low income' under HUD guidelines.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $1466.97, finding that while there was fault on both the part of the veteran and VA, the preponderance of evidence did not support waiver due to lack of undue hardship.

The Board found that the veteran did not satisfactorily attend classes and therefore, the overpayment of $38,210.93 was valid.